Sec. 9. In an action for legal separation under section 2 of this chapter, the court may grant a decree for a separation of the parties to the marriage for a period not to exceed one (1) year if the court finds that:
(1) conditions in or circumstances of the marriage make it currently intolerable for both parties to live together;
(2) the marriage should be maintained; and
(3) neither party has filed a petition or counter petition for dissolution of marriage under IC 31-15-2 (or IC 31-1-11.5 before its repeal).
[Pre-1997 Recodification Citations: 31-1-11.5-8(c), 31-1-11.5-9(d) part.]
As added by P.L.1-1997, SEC.7.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 15. Family Law: Dissolution of Marriage and Legal Separation
Chapter 3. Actions for Legal Separation
31-15-3-1. Applicability of Indiana Rules of Civil Procedure
31-15-3-2. Cause of Action Established
31-15-3-3. Findings Required for Decree
31-15-3-4. Caption; Verified Petition; Averments; Guardian Filing Petition
31-15-3-6. Residence; Filing in County of Guardian's Residence
31-15-3-7. Service of Petition and Summons
31-15-3-8. Responsive Pleading or Counter Petition